Sen. William Delgado
Filed: 3/15/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1454 




2    AMENDMENT NO. ______. Amend Senate Bill 1454 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Controlled Substances Act is 
5amended  by changing Section 316 as follows:
 



6    (720 ILCS 570/316)


7    Sec. 316. Prescription monitoring program. 
8    The purpose of the Prescription Monitoring Program is to 
9develop a clinical tool to assist healthcare providers in 
10preventing accidental overdoses or duplications of controlled 
11substances to the patients they are treating. 
12    (a) The Department must provide for a
prescription 
13monitoring program for Schedule II, III, IV, and V controlled 
14substances that includes the following components and 
15requirements:


16        (1) The

dispenser must transmit to the
central 
 
 
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1    repository, in a form and manner specified by the 
2    Department, the following information:


3            (A) The recipient's name.


4            (B) The recipient's address.


5            (C) The national drug code number of the controlled

6        substance
dispensed.


7            (D) The date the controlled substance is 
8        dispensed.


9            (E) The quantity of the controlled substance 
10        dispensed.


11            (F) The dispenser's United States Drug Enforcement 
12        Administration

registration number.


13            (G) The prescriber's United States Drug 
14        Enforcement Administration

registration number.

15            (H) The dates the controlled substance 
16        prescription is filled.
17            (I) The payment type used to purchase the 
18        controlled substance (i.e. Medicaid, cash, third party 
19        insurance).
20            (J) The patient location code (i.e. home, nursing    
21        home, outpatient, etc.) for the controlled substances       
22        other than those filled at a retail pharmacy.
23            (K) Any additional information that may be 
24        required by the department by administrative rule, 
25        including but not limited to  information required for 
26        compliance with the criteria for electronic reporting 
 
 
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1        of the American Society for Automation and Pharmacy or 
2        its successor. 

3        (2) The information required to be transmitted under 
4    this Section must be
transmitted not more than 7 days after 
5    the date on which a
 controlled substance is dispensed, or 
6    at such other time as may be required by the Department by 
7    administrative rule.


8        (3) A dispenser must transmit the information required 
9    under this Section
by:


10            (A) an electronic device compatible with the 
11        receiving device of the
central repository;


12            (B) a computer diskette;


13            (C) a magnetic tape; or


14            (D) a pharmacy universal claim form or Pharmacy 
15        Inventory Control form;

16        (4)  The Department may impose a civil fine of up to 
17    $100 per day for willful failure to report controlled 
18    substance dispensing to the Prescription Monitoring 
19    Program. The fine shall be calculated on no more than the 
20    number of days from the time the report was required to be 
21    made until the time the problem was resolved, and shall be 
22    payable to the Prescription Monitoring Program. 

23    (b) The Department, by rule, may include in the monitoring 
24program certain other select drugs that are not included in 
25Schedule II, III, IV, or V. The prescription monitoring program 
26does not apply to
 controlled substance prescriptions as 
 
 
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1exempted under Section
313.

2    (c) The collection of data on select drugs and scheduled 
3substances by the Prescription Monitoring Program may be used 
4as a tool for addressing oversight requirements of long-term 
5care institutions as set forth by Public Act 96-1372.  Long-term 
6care pharmacies shall transmit patient medication profiles to 
7the Prescription Monitoring Program monthly or more frequently 
8as established by administrative rule. 
9    (d) As a means of addressing potential pharmacotherapy 
10needs under emergency conditions, the Prescription Monitoring 
11Program shall be expanded to include every medication for each 
12person within this  State by January 1, 2015.
13    (e) By January 1, 2015, each electronic health record 
14system must interface with the Prescription Monitoring System 
15to ensure that each health care provider has access to specific 
16patient records as he or she is treating the patient. 
17(Source: P.A. 97-334, eff. 1-1-12.)".